NOTICES

INDEPENDENT REGULATORY REVIEW COMMISSION

Notice of Comments Issued

[32 Pa.B. 1011]

   Section 5(d) of the Regulatory Review Act (71 P. S. § 745.5(d)) provides that the designated standing committees may issue comments within 20 days of the close of the public comment period, and the Independent Regulatory Review Commission (Commission) may issue comments within 10 days of the close of the Committees' comment period. The Commission's comments are based upon the criteria contained in section 5.1(h) and (i) of the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)).

   The Commission issued comments on the following proposed regulations. The agency must consider these comments in preparing the final-form regulation. The final-form regulations must be submitted by the dates indicated.

			Final-Form
			Submission
Reg. No.	Agency/Title	Issued	Deadline
#16A-5115	State Board of Nursing    Oral Orders	2/1/02	12/31/03
	(31 Pa.B. 6544 (December 1, 2001))
#16A-6310	State Board of Psychology    Computerized Examinations	2/1/02	12/31/03
	(31 Pa.B. 6546 (December 1, 2001))

State Board of Nursing Regulation No. 16A-5115
Oral Orders
February 1, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Nursing (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 31, 2003, the regulation will be deemed withdrawn.

1.  Section 21.14. Administration of drugs.--Clarity.

   This section is under Subchapter A, Registered Nurses. Licensed practical nurses (LPNs) are addressed under Subchapter B, Practical Nurses. Why is the Board including an LPN as a person who may administer a drug, in this section, as opposed to Subchapter B?

2.  Section 21.145. Functions of the LPN.--Clarity.

   In § 21.145(b)(2)(i) the terms ''oral order'' and ''oral prescription or order'' are used. For clarity, the Board should be consistent when using this terminology. In addition, a commentator noted that the meaning of ''oral prescription or order'' is vague and suggested that there may be confusion over the meaning of the words ''prescription'' and ''order.'' The commentator also suggested that the Board specifically note that ''oral prescriptions or orders'' include situations in which the practitioner delivers the order in the presence of the LPN and orders received over the telephone. We agree and recommend that the Board define ''oral prescription or order.''

3.  Section 21.145. Functions of the LPN.--Protection of public health.

   The House Professional Licensure Committee, along with some of the commentators, has raised concerns with the level of training and instruction LPNs receive relating to their qualifications to receive oral orders. They question whether LPNs are properly trained to administer or question oral orders. Are LPNs adequately prepared to administer oral orders? What are the curriculum requirements of an approved LPN program that prepare them to administer oral orders?

State Board of Psychology Regulation No. 16A-6310
Computerized Examinations
February 1, 2002

   We submit for consideration the following objections and recommendations regarding this regulation. Each objection or recommendation includes a reference to the criteria in the Regulatory Review Act (71 P. S. § 745.5a(h) and (i)) which have not been met. The State Board of Psychology (Board) must respond to these comments when it submits the final-form regulation. If the final-form regulation is not delivered by December 31, 2003, the regulation will be deemed withdrawn.

Section 41.42.  Reexamination.--Consistency with statute; Clarity.

   Statutory distinction between second examination and subsequent examinations

   In the Preamble, the Board states, ''Applicants from this Commonwealth, however, are precluded from taking these National portions of the examination as frequently due to limitations in current § 41.42.'' However, the limitations in current § 41.42 are consistent with the Professional Psychologists Practice Act (Act). Specifically, 63 P. S. § 1206(c) states:

   In case of failure at any examination, the applicant shall have, after the expiration of six months and within two years, the privilege of a second examination by the board with the payment of an additional fee. The board may adopt regulations governing the eligibility of applicants who have failed to pass two examinations in order to be admitted to subsequent examinations.

   The amended regulation, as written, does not reflect these statutory time limits for a second examination. The Board should explain its authority to use time limits other than those specified in 63 P. S. § 1206(c). Reapplication requirements after failure of a second examination

   Under the existing regulation, subsection (a) addresses reapplication requirements ''after first time failure'' of an examination. Existing subsection (b) addresses reapplication requirements ''after two unsuccessful examinations.'' The Preamble expresses the intent to consolidate these subsections since the reexamination requirements are substantially similar. As amended, subsections (a) and (b) would state:

   (a)  After first-time failure, candidates may be reexamined, upon filing an updated application and paying the reapplication fee specified in § 41.21 (relating to fees).

   (b)  Applicants may reapply to take any portion of the examination, but shall satisfy conditions prevailing at the time of the reapplication, including administrative, education and experience requirements.

   There are three concerns.

   First, the amended regulation appears to only address requirements ''after first-time failure.'' What are the reapplication requirements after a subsequent failure?

   The second concern is related to the first concern. Subsection (a) would state, ''After first-time failure, candidates may be reexamined, upon . . . paying the reapplication fee specified in § 41.12 (relating to fees).'' This would be the $20 fee for ''Reapplication fee--first time examination failure.'' However, § 41.12 also contains a $90 fee for ''Reapplication fee--subsequent examination failure.'' When would an applicant be required to pay the $90 fee relating to subsequent examination failure?

   Finally, we note subsection (a) should reference fees in § 41.12, not 41.21.

JOHN R. MCGINLEY, Jr.,   
Chairperson

[Pa.B. Doc. No. 02-274. Filed for public inspection February 15, 2002, 9:00 a.m.]

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